Wash. Supreme Court published opinion — 1012055.pdf

Citation: Wash. Supreme Court published opinion — 1012055.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/1012055.pdf ↗

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The respondents’ statement of additional authorities identifies a bill that would add new
sections to chapter 43.10 RCW, authorizing the attorney general to “investigate and bring an action
against a law enforcement agency or local corrections agency . . . for a violation of the Washington
state Constitution or state law” “[a]s a matter of state interest and public concern under RCW
43.10.030(1).” SECOND SUBSTITUTE H.B. 1445, § 3, 68th Leg., Reg. Sess. (Wash. 2023). The bill
includes a new section stating, “It is the intent of the legislature to clarify existing authority” of
the attorney general. Id. § 1. The respondents argue this bill supports their position that this kind
of action is not authorized under the current statute because the legislature would not need to codify
this authority if RCW 43.10.030(1) already permitted it. This potential legislation should not bear
on our analysis. Even if enacted as written, the text of the bill states that it is intended to “clarify
existing authority” of the attorney general. Id. (emphasis added). Moreover, the significance of
this bill on this case is dubious, as it is far from becoming law. The bill was not passed in 2023
and, although it was reintroduced in the 2024 regular legislative session, it did not receive a
committee hearing. We cannot yet know if the legislature will ever pass this bill, nor should we
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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
State v. City of Sunnyside et al.
No. 101205-5

free rental housing programs, the legislature found that the cooperation of local

governments, landlords, and tenants to reduce crime in rental housing “is beneficial

to the public health, safety, and welfare.” RCW 35.106.005. It also expressed